OAR 413-115-0100
Voluntary Placement Agreements
(1)
The Department may enter into a voluntary placement agreement with the consent of a parent or Indian custodian of any Indian child, if:(a)
Pursuant to ORS 418.312 (When transfer of custody not required) and OAR 413-020-0070 (Voluntary Placement Agreement Limitations), the sole reason for placing the child in a child-caring agency, foster home, group home, or institutional child-care setting is the need to obtain services for the child’s emotional, behavioral, or mental disorder or developmental or physical disability;(b)
The child is more than ten days old;(c)
The voluntary consent is executed in writing and recorded before a judge in the appropriate jurisdiction; and(d)
The written consent is accompanied by the court’s certification that the terms and consequences of the consent were fully explained in detail on the record and that certification complies with section (2) of this rule.(2)
Court Hearing on Consent. The Department must request a court hearing to obtain consent from the parent or Indian custodian for the voluntary placement agreement. The Department must ensure that the court certifies on the record that the terms and consequences of the consent for the voluntary placement agreement were:(a)
Explained on the record, in detail, in English (or the language of the parent or Indian custodian, if English is not the primary language); and(b)
Fully understood by the parent or Indian custodian.(3)
The signed voluntary placement agreement consent must, at a minimum, contain:(a)
The name and birthdate of the Indian child.(b)
The name of the Indian child’s tribe.(c)
The Indian child’s and parents’ enrollment numbers, if known, or other indication of the Indian child’s membership in the tribe.(d)
The name and address, and other identifying information of the consenting parent or Indian custodian.(e)
The name and address of the prospective foster parents, if known.(f)
The name and address of the person, entity or Department, if any, who arranged the placement.(g)
If there were any conditions to the consent, the conditions must be clearly set out.(4)
The Department must place the Indian child into a substitute care setting which follows the placement preferences outlined in OAR 413-115-0090 (Placement of Indian Children)(2), unless the court has determined on the record that good cause exists to not apply those placement preferences. If the Indian child is moved to another placement while in substitute care, the placement preferences in OAR 413-115-0090 (Placement of Indian Children)(2) continue to apply.(5)
Request for Anonymity. A request for anonymity does not relieve the Department from any duty of compliance with the ICWA, including the obligation to verify whether the child is an Indian child, and compliance with OAR 413-115-0090 (Placement of Indian Children).(6)
Ending a voluntary placement agreement.(a)
The parent or Indian custodian may withdraw consent to the voluntary placement agreement at any time.(b)
To withdraw consent, the parent or Indian custodian must:(A)
Provide written notice to the Department;(B)
File a written document with the court; or(C)
Otherwise testify before the court.(c)
When a parent or Indian custodian withdraws consent to a voluntary foster-care placement, the Department must arrange the return of the Indian child to that parent or Indian custodian as soon as practicable.(7)
For voluntary custody agreements, refer to OAR 413-020-0005 (Purpose) through 413-020-0050 (Termination of Voluntary Agreement).
Source:
Rule 413-115-0100 — Voluntary Placement Agreements, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-115-0100.